Case law

Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC

35 F. Supp. 3d 836 · District Court, S.D. Texas · Jul 30, 2014

No. 174 at 11 (“The EEOC’s admissions establish that there is no Constitutionally permissible way to try this case.”).) … [T]he [proposed conciliation] agreement indicated that the EEOC sought class-based remedies by requesting relief for ‘other similarly situated qualified female applicants who sought employment.’”).

Schott v. Nobilis Health Corp.

211 F. Supp. 3d 936 · District Court, S.D. Texas · Sep 29, 2016

A plaintiff should be denied leave to amend a complaint if the court determines that “the proposed change clearly is frivolous or advances a claim or defense that is legally insufficient on its face.” 6 Charles A. … disclosure were required, defendants could immunize themselves with a protracted series of partial disclosures.”

Robinson v. Ethicon, Inc.

District Court, S.D. Texas · Jan 13, 2022

The Smith court excluded Tremp’s testimony after finding that Tremp “must build on a medical expert’s foundation” and concluding that he “did not directly tie his recommendation to independently established qualified expert … In reply, Ethicon asserts “to the extent Tremp now reasserts costs and treatment included in the 2019 Report, these are clearly not based on any new information.

Enbridge Energy Co., Inc. v. United States

553 F. Supp. 2d 716 · District Court, S.D. Texas · Mar 31, 2008

The holding of the Tax Court in this regard was not clearly erroneous. Id. at 130 . … This qualifies as a plan whose significant purpose is the avoidance or evasion of Federal income tax.

Atlantic & Gulf Stevedores, Inc. v. SKIBS A/S DANMOTOR

342 F. Supp. 837 · District Court, S.D. Texas · Oct 14, 1971

hard fact remains that such an arrangement, albeit couched in contractual terms, would be the functional equivalent of what was forbidden in Halcyon-, to wit, a partial recovery by a longshoreman against his statutorily immune … As here, the facts of the occurrence clearly warranted the inference of negligence on the part of the ship.

ASARCO LLC v. Americas Mining Corp.

382 B.R. 49 · District Court, S.D. Texas · Oct 12, 2007

Furthermore, the Complaint clearly sets out that various individuals sat on both AMC and ASARCO’s boards and thus would have complete knowledge of the situation; therefore, it is clearly alleged that at least some of AMC’ … The Court realizes the individuals were acting solely to benefit the parent to which the doctrine of intracorporate immunity might apply.

Johnson v. City of Yoakum, Texas

District Court, S.D. Texas · Aug 19, 2025

Defendants moved to dismiss for failure to state a claim and on grounds of qualified immunity. (Dkt. No. 16). … The Fifth Circuit remanded with instructions to dismiss Johnson’s First Amendment retaliation claim based on qualified immunity. Id. at 493.

Gillaspie v. Huntsville CGO

District Court, S.D. Texas · Mar 5, 2020

As such, plaintiff fails to state facts establishing that a theft of his property occurred. … To establish deliberate indifference, a prisoner must demonstrate that prison officials “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly

Barr v. Stripes LLC

District Court, S.D. Texas · May 21, 2020

A plaintiff can reveal a reason to be pretextual “by showing that: (1) a discriminatory reason more likely motivated the employer; (2) the employer’s reason is unworthy of credence; or (3) he is clearly better qualified … Defendants appear to concede that Barr can establish that he was (1) terminated, (2) qualified, and (3) within the protected age group when terminated.

Palacios v. Department of Homeland Security

District Court, S.D. Texas · Sep 12, 2019

Hawaii involved an Establishment Clause claim. 363 F. Supp. 3d. at 1093–94, 1094 n.138. … more than a century, [the Supreme] Court has recognized that the admission and exclusion of foreign nationals is a ‘fundamental sovereign attribute exercised by the Government’s political departments largely immune

Rivers v. Quarterman

661 F. Supp. 2d 675 · District Court, S.D. Texas · Sep 30, 2009

The AEDPA forbids habeas relief on issues “adjudicated on the merits” in state court unless the state decision “was contrary to, or an unreasonable application of, clearly established Federal law” or “was based on an unreasonable … Instead, the test is whether the state court’s decision — that [a petitioner] did not make the Strickland-showmg — was contrary to, or an unreasonable application of, the standards, provided by the clearly established federal

Guzman Ex Rel. Guzman v. Memorial Hermann Hospital System

637 F. Supp. 2d 464 · District Court, S.D. Texas · Jun 16, 2009

By contrast, the Triage Guidelines in this case clearly do not apply to the screening examination Dr. Haynes performed on T. … The transfer was delayed so that Guzman’s son would be transported by the pediatric transport team, which are clearly qualified personnel and transportation equipment as required by EMTALA. Dr.

McCray v. Maersk Line Limited

District Court, S.D. Texas · Aug 29, 2024

Defendant clearly had notice of Depaolo’s phone number and the relevant contents of his sworn statement before the statement was taken and before Plaintiff amended his Rule 26 disclosures. … relevant to establishing the cause of Plaintiff’s accident.

Thompson v. Quarterman

629 F. Supp. 2d 665 · District Court, S.D. Texas · Nov 29, 2007

The AEDPA forbids federal habeas relief on issues “adjudicated on the merit s” in a state court unless the decision “was contrary to, or an unreasonable application of, clearly established Federal law” or “was based on an … The Court Criminal Appeals found that because “[t]he evidence was clearly sufficient to establish that [Thompson] participated in the murder of [the victim] ...

Bittinger v. Wells Fargo Bank NA

744 F. Supp. 2d 619 · District Court, S.D. Texas · Oct 8, 2010

Section 2605 of RESPA requires a loan servicer to provide a written response to a borrower’s qualified written request. 12 U.S.C. § 2605 (e). … The qualified written request must be related to the servicing of the loan. See id. § 2605(e)(1)(A).

Whitehall Corp. v. Western Geophysical Co. of America

664 F. Supp. 1056 · District Court, S.D. Texas · Jul 10, 1986

Thus the streamer’s commercial success is not clearly due to Pavey’s elastic section. … Whitehall established that tying off ropes through eye splices is well known in marine art.

D.G. ex rel. B.G. v. Flour Bluff Independent School District

832 F. Supp. 2d 755 · District Court, S.D. Texas · May 24, 2011

While the evidence available may not have established D.G.’s medical impairments to a complete certainty, there was clearly enough in the record to conclude that Defendant “had reason to suspect” that D.G. had a disability … Soward testified that D.G. would "qualify as other health impaired” on the basis of his ADHD. (Trial Transcript at 97.)

Collins v. Astrue

493 F. Supp. 2d 858 · District Court, S.D. Texas · Apr 16, 2007

The mere presence of an impairment does not necessarily establish a disability. See Anthony v. Sullivan, 954 F.2d 289, 293 (5th Cir.1992). … An impairment that manifests only some of those criteria, no matter how severely, does not qualify. See id.

Everest Nat'l Ins. Co. v. Gessner Eng'g, LLC

325 F. Supp. 3d 760 · District Court, S.D. Texas · Jul 10, 2018

If the complaint in the underlying lawsuit clearly alleges facts that would *764 exclude coverage under the insurance policy, there is no duty to defend. See Northfield Ins. Co. v. … The Policy defines "professional services" to mean "those services that the Insured is legally qualified to perform for others in the Insured's capacity as an" engineer. See id. , Section IV(J).

Sheffield v. Bush

District Court, S.D. Texas · May 24, 2022

inland from the line of mean low tide as established by a licensed state land surveyor.” Id. … The supposed “unsettled questions” that so concern the Commissioner come up only in two opinions by concurring justices who clearly believe Severance was wrongly decided.